Blog Archives

Railways Recruitment Board advised not to destroy examination copy

record-retention-rtiIn a Central Information Commission hearing it was advised to Railways Recruitment Board advised not to destroy examination copy during the pendency of a RTI appeal. It was advised by CIC to Change their record retention policy so that a marksheet which is under consideration in an appeal under RTI Act is not destroyed.

It was also advised to put on Railway website basic details about every examination after the results are declared e.g. copy of question paper, key answersheet, cut off marks etc.

The RTI Applicant has south information on the total marks obtained, copies of question paper and key answersheet, copy of OMR answer sheet and cutoff marks merit of General, OBC & SC/ST categories in the above examination. Read more ›

Heavens do not fall if there is no immediate imposition of penalty- CIC

heaven do not fallAfter his son not getting good marks in the MBBS exam, father filed RTI to obtain copy of question paper and answer keys and disclosure of marks from the University. RTI Applicant stated that supply of the documents after completion of the admission process would be embarrassing, humiliating and prejudice to the life and liberty of his son, therefore if he is given a speedy access to the said documents, then his ranking is likely to move­ up. However, Central Information Commission did not agree to this and recorded that “Complainant has failed to prove how the non­ disclosure of information affects the life and liberty of his son. (If you want to file RTI Online, do read our guide on how to file RTI online here) His son getting poor marks and his son’s belief in having done well in Botany and Zoology is not good enough to invoke the ‘life and liberty’ clause. It is not proper and correct to treat every application for disclosure of marks sheet or key etc, as life and liberty related application. Hence that plea was rejected by CIC. Read more ›

Obtaining evaluated answer sheet of Civil Service Exams from UPSC under RTI

evaluated answer sheet of Civil Service ExamsCentral Information Commission has directed UPSC to allow inspection of evaluated answer sheet of Civil Service Exams. CIC has also allowed obtaining the certified photocopies of evaluated answer sheet of Civil Service Exams to the candidates.

The decision of the Hon’ble Supreme Court in the case of Aditya Bandopadyay v/s CBSE is very clear and a candidate has a right to inspect/obtain a photocopy of his evaluated answer sheet. However, UPSC contended that it is the stand of the public authority i.e. UPSC that the information is denied u/s 8(1)(d) of the RTI Act, notwithstanding the orders of the Supreme Court in the case of Aditya Bandopadhyay. It was submitted by UPSC that the orders of the Supreme Court are applicable to CBSE and not to the UPSC.

However, CIC in it’s decision observed that the stand taken by the UPSC is in clear violation of the orders of the Hon’ble Supreme Court. The Commission did not concur the decision of the CPIO/Appellate Authority of UPSC to not provide the information to the candidate and in terms of the orders of the Hon’ble Supreme Court, instead the Commission directed CPIO, UPSC to provide certified photocopies of answer sheets of Civil Services 2012 Mains Examination, sought by the applicant in his RTI, within two weeks from date of receipt of the order.

Read more ›

CPIO cannot introduce new reasons for Denial of Information under RTI

Can a citizen who is an ineligible candidate and had agitated his grievance before Hon’ble Minister and the CAT but failed to get any relief is disqualified from getting information under RTI? The answer is NO. Can CPIO introduce new reasons for Denial of Information under RTI? Guess what! The CPIO thinks so, but thankfully not the CIC.

Once an applicant seeks information as defined in Section 2(f) of the RTI Act, the same cannot be denied to the information seeker except on any of the grounds mentioned in Section 8 or 9 of the RTI Act, the Public Information Officer or the First Appellate Authority cannot add or introduce new reasons for Denial or grounds for rejecting furnishing of information. Read more ›

Obtaining evaluated answer sheets Under RTI

evaluated answer sheets Under RTI

Obtaining evaluated answer sheets Under RTI

There are many decisions and discussions on obtaining evaluated answer sheets under RTI. Not only answer keys, but you will also be given copies of your evaluated answer sheets / OMR sheets for departmental exams. See these decisions on the links: CIC Decision 1 & CIC Decision 2. If you want to read details of the court decisions regarding the evaluated answer sheets under RTI, here are the abstract of the details available at our site  which details about JUDGEMENTS & DECISIONS WHICH HAVE PERMITTED DISCLOSURE OF EVALUATED ANSWER SHEETS UNDER RTI. The original blog post may be read here posted by J.P. Shah

Here is the summary on what you can obtain information regarding evaluated answer sheets under RTI:

  1. Mark list and selection list as per the order of merit 
  2. A copy of evaluated answer sheets of all the pages of all the subjects.
  3. A copy of test key answer sheets of all the pages of all the subjects

The court decision are as under

i]. University Exams: 49 page judgement dated 05-02-2009 of divisional bench of Hon’ble High Court of Calcutta headed by Chief Justice in M.A.T. No. 275 of 2008-University of Calcutta & ors. Vs Pritam Rooj. This is judgement of divisional bench of a High Court headed by Chief Justice and is available on website of High Court of Calcutta.

ii]Departmental Promotion Exams: High Court of Kerala at Ernakulam in WP(C).No. 6532 of 2006(C) Treesa Irish Vs CPIO Dept of Post, Govt. of India and others dated 30-08-2010 [27 pages] Read more ›

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